Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85487 

Group A:5 (See Supplement No. 1 to part 740 

of the EAR) of ‘‘technology’’ for the 

‘‘development’’ or production’’ of the 

following: 

(a) Items controlled by 1C001; or 

(b) Items controlled by 1A002.a which are 

composite structures or laminates having an 

organic ‘‘matrix’’ and being made from 

materials listed under 1C010.c or 1C010.d. 

Special Conditions for STA 

STA: License Exception STA may not be 

used to ship or transmit ‘‘technology’’ 

according to the General Technology Note 

for the ‘‘development’’ or ‘‘production’’ of 

equipment and materials specified by 

ECCNs 1A002, 1C001, 1C007.c, 1C010.c or 

d or 1C012 to any of the destinations listed 

in Country Group A:6 (See Supplement No. 

1 to part 740 of the EAR). 

List of Items Controlled 

Related Controls (1) Also see ECCNs 1E101, 

1E201, and 1E202. (2) See ECCN 1E608 for 

‘‘technology’’ for items classified under 

ECCN 1B608 or 1C608 that, immediately 

prior to July 1, 2014, were classified under 

ECCN 1B018.a or 1C018.b through .m (note 

that ECCN 1E001 controls ‘‘development’’ 

and ‘‘production’’ ‘‘technology’’ for 

chlorine trifluoride controlled by ECCN 

1C111.a.3.f—see ECCN 1E101 for controls 

on ‘‘use’’ ‘‘technology’’ for chlorine 

trifluoride). (3) See ECCN 1E002.g for 

control libraries (parametric technical 

databases) ‘‘specially designed’’ or 

modified to enable equipment to perform 

the functions of equipment controlled 

under ECCN 1A004.c (Nuclear, biological 

and chemical (NBC) detection systems) or 

ECCN 1A004.d (Equipment for detecting or 

identifying explosives residues). (4) 

‘‘Technology’’ for lithium isotope 

separation (see related ECCN 1B233) and 

‘‘technology’’ for items described in ECCN 

1C012 are subject to the export licensing 

authority of the Department of Energy (see 

10 CFR part 810). (5) ‘‘Technology’’ for 

items described in ECCN 1A102 is ‘‘subject 

to the ITAR’’ (see 22 CFR parts 120 through 

130). 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

* * * * * 

1E351 ‘‘Technology’’ according to the 

‘‘General Technology Note’’ for the 

disposal of chemicals or microbiological 

materials controlled by 1C350, 1C351, 

1C353, or 1C354. 

License Requirements 

Reason for Control: CB, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

CB applies to ‘‘technology’’ for the disposal of items controlled by 

1C351.d.14 and 

.15 and the 1C353 

genetic elements of 

toxins in ECCN 

1C351.d.14 and 

.15.

CB Column 1 

CB applies to ‘‘technology’’ for the disposal of items controlled by 1C351, 

1C353, or 1C354; 

and CB applies to 

‘‘technology’’ for 

the disposal of 

items controlled by 

1C350.

CB Column 2 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–26532 Filed 12–7–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 774 

[Docket No. 230926–0234] 

RIN 0694–AI66 

Export Administration Regulations for 

Missile Technology Items: 2018, 2019, 

and 2021 Missile Technology Control 

Regime Plenary Agreements; and 

License Exception Eligibility 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) to 

reflect changes to the Missile 

Technology Control Regime (MTCR) 

Annex that were agreed to by MTCR 

member countries at the Technical 

Experts Meetings (TEMs) in March and 

November 2018, May and October 2019, 

and October 2021. This rule also 

expands the eligibility for the use of 

license exceptions under the EAR for 

MT-controlled items. These changes to 

license exception eligibility are also 

being made as part of a broader effort 

announced today that will liberalize 

several categories of export licensing 

requirements and the availability of 

export license exceptions for key allied 

and partner countries, as well as for 

members of certain multilateral export 

control regimes. 

DATES: This rule is effective December 8, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Bragonje, Nuclear and Missile 

Technology Controls Division, Bureau 

of Industry and Security, Phone: (202) 

482–0434; Email: sharon.bragonje@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Missile Technology Control 

Regime (MTCR or Regime) is an export 

control arrangement among 35 nations, 

including most of the world’s suppliers 

of advanced missiles and missile-related 

equipment, materials, software, and 

technology. The regime establishes a 

common list of controlled items (the 

Annex) and a common export control 

policy (the Guidelines) that member 

countries implement in accordance with 

their national export controls. The 

MTCR seeks to limit the risk of 

proliferation of weapons of mass 

destruction by controlling exports of 

goods and technologies that could make 

a contribution to delivery systems (other 

than manned aircraft) for such weapons. 

In 1993, the MTCR’s original focus on 

missiles for nuclear weapons delivery 

was expanded to include the 

proliferation of missiles for the delivery 

of all types of weapons of mass 

destruction (WMD), i.e., nuclear, 

chemical, and biological weapons. Such 

proliferation has been identified as a 

threat to international peace and 

security. One way to address this threat 

is to maintain vigilance over the transfer 

of missile equipment, material, and 

related technologies usable for systems 

capable of delivering WMD. MTCR 

members voluntarily pledge to adopt the 

Regime’s export Guidelines and to 

restrict the export of items contained in 

the Regime’s Annex. The Regime’s 

Guidelines are implemented through the 

national export control laws, regulations 

and policies of the regime members. 


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85488 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

Amendments to the Export 

Administration Regulations (EAR) 

This final rule, as further described in 

section A of this preamble, revises six 

ECCNs under the EAR to reflect changes 

to the MTCR Annex agreed to at the 

March 2018 Technical Experts Meeting 

(TEM) in Reykjavik, Iceland; November 

2018 TEM in Basel, Switzerland; May 

2019 TEM in Berlin, Germany; October 

2019 TEM in Auckland, New Zealand; 

and October 2021 TEM in Sochi, 

Russian Federation. References are 

provided below for the MTCR Annex 

changes agreed to at the meetings that 

correspond to the EAR revisions 

described below. These changes are 

primarily editorial corrections to these 

ECCNs for consistency with the MTCR 

Annex. This rule also makes changes to 

the Commerce Control List (CCL) 

(supplement no. 1 to part 774 of the 

EAR) to conform with the MTCR Annex. 

All of the changes in this final rule align 

the MT controls on the CCL with the 

MTCR Annex. In the discussion below, 

BIS identifies the origin of each change 

in the regulatory text of this final rule 

by using one the following parenthetical 

phrases: (Reykjavik 2018 TEM), (Basel 

2018 TEM), (Berlin 2019 TEM), 

(Auckland 2019 TEM), (Sochi 2021 

TEM), or (Changes to Align with MTCR 

Annex). 

This final rule expands the eligibility 

of license exceptions for MT-controlled 

items, as further described in section B, 

by amending the EAR to expand the 

eligibility for the use of four license 

exceptions under the EAR for MTcontrolled items and to add one new 

license exception authorization under 

an existing license exception. In 

addition, this rule revises the general 

restriction on the use of license 

exceptions to ensure that the limited set 

of additional license exception 

authorizations specified are not 

available for destinations of concern for 

missile technology reasons or that are 

subject to a U.S. arms embargo and 

makes conforming changes where 

needed to license exceptions to ensure 

that only certain license exceptions or 

portions of license exceptions will be 

available for MT-controlled items. These 

changes to license exception eligibility 

for MT-controlled items will better 

harmonize the availability of license 

exceptions for such items with the 

availability of license exceptions that 

are available for other items of similar 

sensitivity under the EAR. Because of 

the terms and conditions of existing 

licenses exceptions there will only be a 

limited number of license exceptions or 

portions of those license exceptions that 

will be available for MT-controlled 

items. 

Making these limited additional 

license exceptions or portions of those 

license exceptions available will ease 

the burden on exporters, reexporters, 

and transferors and allow for BIS, as 

well as the other agencies that review 

BIS licenses, to focus its license reviews 

on transactions that warrant individual 

reviews through the license review 

process. 

The changes with this rule to license 

exception eligibility and two other ally 

and partner rules published today are 

part of a broad effort to liberalize 

controls for allies and partner countries 

under the EAR (15 CFR parts 730–774). 

Together, these rules will ease several 

categories of export licensing 

requirements and increase the 

availability of export license exceptions 

for key allied and partner countries, as 

well as members of certain multilateral 

export control regimes. 

A. Amendments to the Commerce 

Control List (CCL) To Reflect Changes to 

the MTCR Annex 

This final rule amends the CCL to 

reflect changes to the MTCR Annex by 

amending six ECCNs, as follows: 

ECCN 1C111. This final rule amends 

ECCN 1C111 by adding a new ‘‘items’’ 

paragraph e in the List of Items 

Controlled section to control 

Dimethylaminoethylazide (DMAZ) (CAS 

86147–04–8) as a Hydrazine 

replacement fuel, and [Reserves] 

‘‘items’’ paragraph e.2 to conform to 

Federal Register requirements for the 

addition of ‘‘items’’ paragraph e.1 

(Changes to Align with MTCR Annex). 

DMAZ was added to the MTCR Annex 

in 2014. At the time, it was not added 

to the United States Munitions List 

(USML) or the CCL. This change to 

ECCN 1C111 corrects that oversight, 

ensuring that DMAZ will be 

appropriately controlled under the EAR 

and consistent with U.S. Government 

commitments to the MTCR. This is 

consistent with the 2014 rules that 

transitioned hydrazine and its 

derivatives to the CCL. These changes 

are expected to result in an increase of 

three to five license applications 

received annually by BIS, due to the low 

volume of such items exported. 

In addition, BIS takes this opportunity 

to correct the ITAR citation regarding 

ferrocene derivatives controlled under 

Category V(f)(4) in paragraph (2) of the 

Related Controls paragraph in the List of 

Items Controlled section. Ferrocene 

derivatives were moved from paragraph 

(f)(3) to (f)(4) by Department of State 

Export Control Reform (ECR) rule 79 FR 

34, Jan. 2, 2014, but were not included 

in the companion BIS rule, 79 FR 264, 

Jan. 2, 2014. To preclude the need for 

similar amendments in the future, the 

citation is limited to the higher level 

USML Category. A corresponding 

revision is made in reference to 

Inhibited Red Fuming Nitric Acid in 

Related Controls paragraph (5). 

ECCN 2A101. This final rule amends 

ECCN 2A101 by revising the heading to 

add the word ‘‘of’’ after the phrase 

‘‘having all,’’ so this part of the heading 

will now read as ‘‘having all of the 

following characteristics.’’ This is an 

editorial correction for consistency with 

the MTCR Annex that does not 

substantively change the scope of ECCN 

2A101 (MTCR Annex Change, Category 

II: Item 3.A.7., Reykjavik 2018 TEM). 

These changes are not expected to have 

any impact on the number of license 

applications received by BIS. 

ECCN 2B119. This final rule amends 

ECCN 2B119 by revising ‘‘items’’ 

paragraph a in the List of Items 

Controlled section. In ‘‘items’’ 

paragraph a, this final rule adds the 

word ‘‘of’’ after the phrase ‘‘having all,’’ 

so the control parameter will now read 

as ‘‘balancing machines having all of the 

following characteristics.’’ This is an 

editorial correction for consistency with 

the MTCR Annex that does not 

substantively change the scope of ECCN 

2B119 (MTCR Annex Change, Category 

II: Item 9.B.2., Reykjavik 2018 TEM). 

This change is not expected to have any 

impact on the number of license 

applications received by BIS. 

ECCN 6A107. This final rule amends 

ECCN 6A107 by revising ‘‘items’’ 

paragraphs a, in the List of Items 

Controlled section. In ‘‘items’’ 

paragraphs a, this final rule adds the 

word ‘‘of’’ after the phrase ‘‘having all’’ 

and adds the word ‘‘characteristics’’ 

after the word ‘‘following,’’ so the 

control parameter will now read as 

‘‘Gravity meters having all of the 

following characteristics.’’ This is an 

editorial correction for consistency with 

the MTCR Annex that does not 

substantively change the scope of the 

ECCN (MTCR Annex Change, Category 

II: Item 12.A.3., Reykjavik 2018 TEM). 

These changes are not expected to have 

any impact on the number of license 

applications received by BIS. 

ECCN 9A101. This final rule amends 

ECCN 9A101 by revising ‘‘items’’ 

paragraphs a.2 in the List of Items 

Controlled section to remove the 

parenthetical phrase ‘‘at maximum 

continuous power at sea level static 

conditions using the ICAO standard 

atmosphere.’’ This final rule also 

redesignates Technical notes 2 and 3 as 

Technical notes 3 and 4, respectively, 

and adds a new Technical Note 2 in the 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85489 

List of Items Controlled section (MTCR 

Annex Change, Category II: Item 3.A.1., 

Berlin 2019 TEM). This final rule adds 

new Technical note 2 to specify that 

specific fuel consumption is determined 

at maximum continuous thrust for 

engine type un-installed at sea level 

static conditions using the ICAO 

standard atmosphere. This change is a 

correction on how specific fuel 

consumption is determined—using 

thrust rather than power. Additionally, 

the parenthetical phrase in ‘‘items’’ 

paragraph a.2 is being moved from a 

parenthetic in the control text to a 

technical note, where it better belongs 

in the context of ECCN 9A101. This is 

a clarification and will not change any 

scope of control. These changes are not 

expected to have any impact on the 

number of license applications received 

by BIS. 

ECCN 9E515. This final rule amends 

ECCN 9E515 by revising the ‘‘MT’’ 

paragraph in the table in the License 

Requirements section to add a reference 

to ECCN 9A515.h to specify the MT 

control applies to technology for items 

in ECCN 9A515.h (Change to Align with 

MTCR Annex). This addition is to 

correct an oversight to ensure the MT 

technology control appropriately 

extends to all the intended MT 

commodities. The technology for ECCN 

9A515.h., which has an MT control, 

should be controlled under ECCN 

9E515. This correction will align the 

technology control in ECCN 9E515 with 

20.A.1.b.2./20.E.1. in the MTCR Annex. 

These changes are not expected to have 

any impact on the number of license 

applications received by BIS. 

B. Changes to License Exception 

Eligibility for MT-Controlled Items 

This final rule makes changes to the 

EAR for license exception eligibility for 

MT-controlled items. These changes 

consist of the following: (1) revising the 

general restriction on the use of license 

exceptions for MT-controlled items in 

§ 740.2(a)(5); (2) revising the terms and 

conditions of four license exceptions: 

License Exceptions TMP under 

§ 740.9(b)(1)(i) and (b)(2)(ii)(C), GOV 

under § 740.11 introductory text, TSU 

under § 740.2(d)(2) to add additional 

requirements or exclusions for items 

controlled for MT items; and (3) adding 

a new authorization to existing License 

Exception AVS under § 740.15(b)(2), 

under a new paragraph (b)(2)(ii). 

BIS emphasizes that it is important to 

understand that although this final rule 

revises the general restriction on the use 

of license exceptions for MT-controlled 

items to make it more narrowly focused, 

that the majority of EAR license 

exceptions will still not be available 

because the terms and conditions of 

those license exceptions do not allow 

for MT-controlled items, e.g., License 

Exception GBS, which is only available 

to overcome a license requirement for 

items that are only controlled for 

national security (NS) reasons. 

BIS identifies here the thirteen 

License Exceptions that are not 

available for items that are MT 

controlled: 

• § 740.3 Shipments of limited value 

(LVS); 

• § 740.4 Shipments to Country 

Group B countries (GBS); 

• § 740.6 Technology and software 

under restriction (TSR); 

• § 740.7 Computers (APP); 

• § 740.8 Notified Advanced 

Computing (NAC); 

• § 740.12 Gift parcels and 

humanitarian donations (GFT); 

• § 740.14 Baggage (BAG); 

• § 740.17 Encryption commodities, 

software, and technology (ENC); 

• § 740.18 Agricultural commodities 

(AGR); 

• § 740.19 Consumer 

Communications Devices (CCD); 

• § 740.20 License Exception 

Strategic Trade Authorization (STA); 

• § 740.21 Support for the Cuban 

People (SCP); and 

• § 740.22 Authorized Cybersecurity 

Exports (ACE). 

BIS identifies here the six license 

exceptions, or portions of those license 

exceptions, that are available for items 

that are MT controlled (only the 

referenced paragraphs will be eligible 

for MT-controlled items) for any 

destination other than destinations 

identified under Country Groups D:4 or 

D:5 in supplement no. 1 to part 740: 

• § 740.9 Temporary imports, exports, 

reexports, and transfers (in-country) 

(TMP) for paragraphs (a)(1), (a)(3) 

through (8) and (a)(10), (b)(1) through 

(b)(3), and Notes 2, 3, and 4 to 

paragraph (b), excluding any commodity 

controlled under ECCN 9A012 that is 

‘‘capable of’’ delivering at least 500 

kilograms payload to a range of at least 

300 kilometers; 

• § 740.10 License Exception 

Servicing and replacement of parts and 

equipment (RPL) for paragraphs (a) and 

(b); 

• § 740.11 Governments, 

international organizations, 

international inspections under the 

Chemical Weapons Convention, and the 

International Space Station (GOV) for 

paragraph (b)(2) (as described below 

under section B.2.ii, this final rule adds 

a new exclusion to the introductory text 

of License Exception GOV to exclude all 

other paragraphs under this license 

exception for MT-controlled items); 

• § 740.13 Technology and software— 

unrestricted (TSU) for paragraphs (a), 

(b), (c), and (g) (as described below 

under section B.2.iii, this final rule adds 

a new exclusion to exclude MT 

controlled software from paragraph (d)); 

• § 740.15 Aircraft, vessels and 

spacecraft (AVS) for paragraphs (b)(1), 

(b)(2) (including the new authorization 

this final rule adds to paragraph 

(b)(2)(ii) (as described below under 

section B.3 of this final rule)), (b)(3), 

(b)(4), (c)(1), (c)(2), (e), and (f); and 

• § 740.16 Additional permissive 

reexports (APR) for paragraphs (c), (d), 

(e), and (f). 

BIS provides the two lists of license 

exceptions above to assist with public 

understanding on the scope and impact 

of these license exception changes in 

this final rule for MT-controlled items. 

BIS notes here that in order to use any 

EAR license exception at the time of 

export, reexport, or transfer (in-country), 

the exporter, reexporter, or transferor 

must review and make a determination 

that they meet all of the applicable 

requirements of the license exception to 

be used as the authorization and that the 

export, reexport, or transfer (in-country) 

is not otherwise restricted under any of 

the general restrictions under § 740.2. 

These changes for license exception 

eligibility for MT-controlled items 

described under section B of this final 

rule are expected to result in a reduction 

of 400 license applications per year 

received by BIS. 

1. Revising the General Restriction on 

the Use of License Exceptions for MTControlled Items To Allow the Use of 

Portions of Additional License 

Exceptions 

In § 740.2 Restrictions on all License 

Exceptions, this final rule revises 

paragraph (a)(5) to make the general 

restriction on the use of license 

exceptions for MT-controlled items to 

allow the use of portions of additional 

license exceptions. Prior to this final 

rule, this provision restricted the use of 

all EAR license exceptions for MTcontrolled items, except for the limited 

number of ECCNs identified in 

paragraphs (a)(5)(i) and (ii) for the 

specified license exceptions or portions 

of those license exceptions (i.e., when 

MT-controlled items identified in 

paragraph (a)(5)(i) are exported as part 

of a spacecraft, manned aircraft, land 

vehicle or marine vehicle or in 

quantities appropriate for replacement 

parts for such applications under 

§ 740.9(a)(4) (License Exception TMP for 

kits consisting of replacement parts), 

§ 740.10 (License Exception RPL), 

§ 740.13 (License Exception TSU), or 

§ 740.15(b) (License Exception AVS for 


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equipment and spare parts for 

permanent use on a vessel, aircraft or 

spacecraft; or for ECCNs 2A001 or 

2A101 identified in paragraph (a)(5)(ii) 

are exported under § 740.9(a)(4) 

(License Exception TMP) or § 740.10 

(License Exception RPL) as one-for-one 

replacement for equipment previously 

legally exported, reexported, or 

transferred (in-country)). 

The restriction under paragraph (a)(5) 

was originally included in the EAR to 

reflect a statutory restriction in the 

Export Administration Act of 1979 

(EAA), which was repealed in 2018. The 

limited license exceptions previously 

available were in accordance with 

provisions of the MTCR Annex that 

stipulate that controls do not extend to 

certain items for use in manned aircraft 

or other non-missile applications. The 

restriction under paragraph (a)(5) had 

some effects that are inconsistent with 

current national security and foreign 

policy interests. For example, the export 

of an MT-controlled item to the U.S. 

Department of Defense for its own use, 

prior to this final rule, would have 

required the submission of a BIS license 

application. BIS is also aware that other 

MTCR member countries, as permissible 

under their own national discretion in 

implementing their MTCR 

commitments, allow in certain cases for 

the use of authorizations for certain MT 

Annex items that would be equivalent 

to EAR license exceptions, e.g., for trade 

of MTCR Annex items from the EU or 

UK to certain other countries, including 

the United States. 

This restriction on the use of license 

exceptions for MT-controlled items was 

not included in ECRA. Because there is 

no longer a statutory restriction and for 

policy reasons such a general restriction 

is no longer warranted (e.g., some of the 

examples referenced in the preceding 

paragraph of instances in which license 

exception eligibility for MT items would 

advance U.S. national security and 

foreign policy interests), this final rule 

revises the general restriction on the use 

of license exceptions for MT-controlled 

items to allow the use of portions of 

additional license exceptions. This 

change will better harmonize the 

availability of license exceptions for 

MT-controlled items under the EAR 

with those available for other EAR items 

of similar sensitivity and advance U.S. 

national security and foreign policy 

interests. BIS considered completely 

removing the general restriction, but 

took into account that exporters, 

reexporters, and transferors were 

already familiar with the general 

restriction placement in the EAR and 

that because many license exceptions, 

based on the other terms and conditions 

of those license exceptions would not be 

eligible for MT-controlled items 

regardless of whether there was a 

general restriction, BIS determined it 

would be easier to identify an 

exhaustive, positive list of license 

exceptions and portions of license 

exceptions that will be available under 

the EAR for MT-controlled items to 

overcome the general restriction instead 

of making exporter, reexporters, and 

transferors review the terms and 

conditions of each of the EAR license 

exceptions to make those 

determinations. 

The revision of the general restriction 

on the use of license exceptions results 

in only limited availability of additional 

license exceptions for MT-controlled 

items, as specified above under section 

B introductory text. 

In order to implement this change, 

this final rule revises § 740.2(a)(5)(i) to 

specify no license exceptions may be 

used for MT-controlled items and then 

specifies under new paragraphs 

(a)(5)(i)(A) through (G) the license 

exceptions or other license exceptions 

that will be available for MT-controlled 

items to destinations other than those 

identified in Country Groups D:4 or D:5 

(see supplement no. 1 to part 740 of the 

EAR). The purpose of this revision is to 

limit the expanded license exception 

eligibility this rule adds to only those 

destinations that are not of concern for 

missile technology reasons specified 

under Country Group D:4 and not 

subject to a U.S. arms embargo. This 

final rule will retain the status quo on 

the license exception restrictions on 

destinations identified under Country 

Groups D:4 or D:5. However, to ensure 

that the very limited license exception 

eligibility under § 740.2(a)(5)(i) and (ii) 

that previously was available for all 

destinations, including those identified 

under Country Group D:4 or D:5, 

provided the license exception was not 

excluded under the respective license 

exceptions under part 740 or the 

respective embargoes or sanctions 

sections under part 746, this final rule 

revises paragraph (a)(5)(ii) to specify 

that the ECCNs identified under 

paragraphs (a)(5)(i) and (ii) prior to this 

final rule are still available for 

destinations identified in Country 

Groups D:4 or D:5, provided the terms 

and conditions in parts 740 and 746 as 

applicable are met and none of the part 

744 end-use and end-user controls are 

applicable. 

2. Revising the Terms and Conditions of 

Three License Exceptions To Account 

for the New Eligibility of MT-Controlled 

Items 

i. License Exception TMP 

In § 740.9(a) Temporary imports, 

exports, reexports, and transfers (incountry) (TMP), this final rule revises 

the introductory text of paragraphs (a) 

and (b) to specify that these two 

paragraphs do not authorize any export, 

reexport, or transfer (in-country) of a 

commodity controlled under ECCN 

9A012 that is ‘‘capable of’’ delivering at 

least 500 kilograms payload to a range 

of at least 300 kilometers. This final rule 

revises the first sentence of paragraph 

(a)(1), which authorizes exports or 

certain tools of trade to specify MT 

controlled commodities or software are 

not eligible for Country Groups D:4 and 

D:5, which is also addressed under the 

restriction this rule adds to 

§ 740.2(a)(5)(ii), but as an additional 

reminder this rule includes the 

additional restriction. This final rule 

under paragraph (b)(1), which 

authorizes the export of certain items 

moving in transit through the United 

States, adds an exclusion for items 

controlled for MT reasons when the 

export is to a Country Group D:4 

country in supplement no. 1 to part 740. 

The exclusion under paragraph (b)(1)(i) 

had already applied to national security 

(NS) reasons, nuclear proliferation (NP) 

reasons, and chemical and biological 

weapons (CB) when the export was to a 

country of concern for NS, NP, or CB 

under Country Groups D:1, D:2, or D:3, 

respectively. Because MT-controlled 

items under the changes in this final 

rule are now eligible for this paragraph 

(b)(1) authorization, the same type of 

exclusion under paragraph (b)(1)(i) is 

needed for items controlled for MT 

reasons when the export is to a 

destination of concern for missile 

technology, destinations under Country 

Group D:4. 

This final rule also revises paragraph 

(b)(2) (Items imported for marketing, or 

for display at U.S. exhibitions or trade 

fair), to revise the exclusion under 

paragraph (b)(2)(ii)(C), to add the same 

type of exclusion that this final rule 

adds to paragraph (b)(1)(i), for items 

controlled for MT reasons to not be 

allowed to be exported under this 

paragraph (b)(2)(ii)(C) authorization 

when the export is to a destination in 

Country Group D:4. 

ii. License Exception GOV 

In § 740.11 Governments, 

international organizations, 

international inspections under the 

Chemical Weapons Convention, and the 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85491 

International Space Station (GOV), this 

final rule adds one sentence at the end 

of the introductory text of the section to 

specify that for items controlled for MT 

reasons that they are only eligible for 

transactions described in paragraphs 

(b)(2) (United States Government) of this 

section. No other authorizing 

paragraphs under License Exception 

GOV will be eligible for items controlled 

for MT reasons. 

iii. License Exception TSU 

In § 740.13 Technology and 

software—unrestricted (TSU), this final 

rule revises paragraph (d) (General 

Software Note: mass market software) by 

adding one sentence to the end of the 

exclusions under paragraph (d)(2) to 

specify that the paragraph (d) 

authorization is not available for any 

software that is controlled for missile 

technology (MT) reasons. Because of the 

terms that must be met in order to use 

§ 740.13(d) prior to this final rule, it is 

unlikely that software controlled for MT 

reasons would be eligible for this 

authorization, but to make it explicit 

that software controlled for MT reasons 

is not eligible under paragraph (d) under 

any case, this final rule specifies that in 

the paragraph (d)(2) exclusions. 

3. Adding a New Authorization to 

Existing License Exception AVS for 

ECCNs 7A101, 7A102, and 7A103 

In § 740.15 Aircraft, vessels and 

spacecraft (AVS), this final rule revises 

paragraph (b)(2) (Aircraft) to redesignate 

the existing paragraph (b)(2) 

authorization text as new paragraph 

(b)(2)(i), including adding the term 

transferred (in-country) for clarity. This 

final rule also adds a new paragraph 

(b)(2)(ii) that will authorize exports, 

reexports, and transfers (in-country) to 

any destination identified in Country 

Group A:2 and supplement no. 3 to part 

746 of ECCNs 7A101, 7A102, or 7A103 

when the commodities are for use in or 

for the ‘‘production’’ of civil manned 

aircraft. For commodities controlled for 

MT reasons, these three ECCNs are the 

subject of some of the most common 

license applications that BIS reviews 

and the specific end uses involving the 

use of these commodities in civil 

manned aircraft and for the 

‘‘production’’ of civil manned aircraft 

are the most common end uses specified 

in these licenses. Provided these 

licenses do not involve a part 744 

prohibited end use or end user concern 

or a destination of missile technology 

concern identified under Country Group 

D:4 or subject to a U.S. arms embargo 

identified under Country Group D:5, 

these types of license applications are 

regularly approved. Accordingly, 

creation of a license exception 

authorization under new paragraph 

(b)(2)(ii) to authorize these exports, 

reexports, and transfers (in-country), 

provided the terms and conditions of 

the authorization are met and the 

general restrictions under § 740.2 are 

not otherwise applicable, is warranted. 

As an additional safeguard, this final 

rule limits the country scope of this new 

authorization to only destinations that 

are identified in Country Group A:2 and 

supplement no. 3 to part 746. 

Savings Clause 

For the changes being made in this 

final rule, shipments of items removed 

from eligibility for a License Exception 

or export, reexport, or transfer (incountry) without a license (NLR) as a 

result of this regulatory action that were 

en route aboard a carrier to a port of 

export, reexport, or transfer (in-country), 

on December 8, 2023, pursuant to actual 

orders for export, reexport, or transfer 

(in-country) to or within a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export, reexport, or transfer (in-country) 

without a license (NLR), provided the 

export, reexport, or transfer (in-country) 

is completed no later than on January 8, 

2024. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (codified, as amended, at 50 

U.S.C. 4801–4852). ECRA provides the 

legal basis for BIS’s principal authorities 

and serves as the authority under which 

BIS issues this rule. To the extent it 

applies to certain activities that are the 

subject of this rule, the Trade Sanctions 

Reform and Export Enhancement Act of 

2000 (TSRA) (codified, as amended, at 

22 U.S.C. 7201–7211) also serves as 

authority for this rule. 

Rulemaking Requirements 

1. BIS has examined the impact of this 

rule as required by Executive Orders 

12866, 13563, and 14094, which direct 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public, 

health, and safety effects, distributive 

impacts, and equity). This rule is 

considered a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. 

This rule involves the following 

OMB-approved collections of 

information subject to the PRA: 

• 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 29.4 minutes for a 

manual or electronic submission; 

• 0694–0096 ‘‘Five Year Records 

Retention Period,’’ which carries a 

burden hour estimate of less than 1 

minute; 

• 0694–0122, ‘‘Licensing 

Responsibilities and Enforcement;’’ and 

• 0607–0152 ‘‘Automated Export 

System (AES) Program,’’ which carries a 

burden hour estimate of 3 minutes per 

electronic submission. 

BIS expects the burden hours 

associated with these collection to 

decease slightly by 221 hours for an 

estimated cost decrease of $7,735, 

which is within the estimated burdens 

and costs of these collections. 

Additional information regarding these 

collections of information—including 

all background materials—can be found 

at https://www.reginfo.gov/public/do/ 

PRAMain by using the search function 

to enter either the title of the collection 

or the OMB Control Number. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of ECRA 

(50 U.S.C. 4821), this action is exempt 

from the Administrative Procedure Act 

(APA) (5 U.S.C. 553) requirements for 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date. While 

section 1762 of ECRA provides 

sufficient authority for such an 

exemption, this action is also 

independently exempt from these APA 

requirements because it involves a 

military or foreign affairs function of the 

United States (5 U.S.C. 553(a)(1)). 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

not applicable. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 


khammond on DSKJM1Z7X2PROD with RULES
85492 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 740 and 774 of the 

Export Administration Regulations (15 

CFR parts 730 through 774) are 

amended as follows: 

PART 740—LICENSE EXCEPTIONS 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 2. Section 740.2 is amended by 

revising paragraph (a)(5), to read as 

follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(5)(i) The item is controlled for 

missile technology (MT) reasons. Only 

the following license exceptions may be 

used to export MT-controlled items to 

destinations other than those identified 

in Country Groups D:4 or D:5 (see 

supplement no. 1 to part 740 of the 

EAR): 

(A) License Exception TMP 

(§ 740.9(a)(1), (a)(3) through (8), and 

(a)(10), (b)(1) through (b)(3), and Notes 

2, 3, and 4 to paragraph (b) of the EAR); 

(B) License Exception RPL (§ 740.10 

of the EAR); 

(C) License Exception GOV 

(§ 740.11(b)(2) of the EAR); 

(D) License Exception TSU 

(§ 740.13(a) through (c), and (g) of the 

EAR); 

(E) License Exception AVS 

(§ 740.15(b)(1) through (b)(4), (c)(1), (2), 

(e), and (f) of the EAR); and 

(F) License Exception APR for 

(§ 740.16(c) through (f) of the EAR). 

(ii) The item is controlled for missile 

technology (MT) reasons. Only the 

following license exceptions may be 

used to export MT-controlled items 

described in paragraphs (a)(5)(ii)(A) and 

(B) of this section to destinations 

identified in Country Groups D:4 or D:5 

(see supplement no. 1 to part 740 of the 

EAR), provided the terms and 

conditions in parts 740 and 746 as 

applicable are met: 

(A) MT-controlled items described in 

ECCNs 6A008, 7A001, 7A002, 7A004, 

7A101, 7A102, 7A103, 7A104, 7A105, 

7B001, 7D001, 7D002, 7D003, 7D101, 

7D102, 7E003, 7E101 or 9A515, may be 

exported, reexported, or transferred (incountry) as part of a spacecraft, manned 

aircraft, land vehicle or marine vehicle 

or in quantities appropriate for 

replacement parts for such applications 

under § 740.9(a)(4) (License Exception 

TMP for kits consisting of replacement 

parts), § 740.10 (License Exception 

RPL), § 740.13 (License Exception TSU), 

or § 740.15(b) (License Exception AVS 

for equipment and spare parts for 

permanent use on a vessel, aircraft or 

spacecraft, excluding paragraph 

(b)(2)(ii)), and 

(B) MT-controlled commodities 

described in ECCNs 2A001 or 2A101 

may be exported, reexported, or 

transferred (in-country) under 

§ 740.9(a)(4) (License Exception TMP) or 

§ 740.10 (License Exception RPL) as 

one-for-one replacement for equipment 

previously legally exported, reexported, 

or transferred (in-country). 

■ 3. Section 740.9 is amended by: 

■ a. Adding a sentence at the end of 

paragraph (a) introductory text; 

■ b. Revising the first sentence of 

paragraph (a)(1); 

■ c. Adding a sentence at the end of 

paragraph (b) introductory text; and 

■ d. Revising paragraphs (b)(1)(i) and 

(b)(2)(ii)(C). 

The additions and revisions read as 

follows: 

§ 740.9 Temporary imports, exports, 

reexports, and transfers (in-country) (TMP). 

* * * * * 

(a) * * * This paragraph (a) does not 

authorize any export, reexport, or 

transfer (in-country) of a commodity 

controlled under ECCN 9A012 that is 

‘‘capable of’’ delivering at least 500 

kilograms payload to a range of at least 

300 kilometers. 

(1) * * * Exports, reexports, or 

transfers (in-country) of commodities 

and software as tools of trade for use by 

the exporter or employees of the 

exporter may be made only to 

destinations other than Country Group 

E:1 and for MT controlled commodities 

or software may be made only to 

destinations other than Country Groups 

D:4 and D:5. * * * 

* * * * * 

(b) * * * This paragraph (b) does not 

authorize any export, reexport, or 

transfer (in-country) of a commodity 

controlled under ECCN 9A012 that is 

‘‘capable of’’ delivering at least 500 

kilograms payload to a range of at least 

300 kilometers. 

(1) * * * 

(i) Items controlled for national 

security (NS) reasons, nuclear 

proliferation (NP) reasons, chemical and 

biological weapons (CB), or missile 

technology reasons (MT) reasons may 

not be exported to Country Group D:1, 

D:2, D:3, or D:4 (see supplement no. 1 

to part 740), respectively, under this 

paragraph (b)(1). 

* * * * * 

(2) * * * 

(ii) * * * 

(C) Exports to Country Groups D:1, 

D:2, D:3, or D:4 (see supplement no. 1 

to part 740) of items controlled for 

national security (NS) reasons, nuclear 

nonproliferation (NP) reasons, chemical 

and biological weapons (CB) reasons, or 

missile technology (MT) reasons, 

respectively. 

* * * * * 

■ 4. Section 740.11 is amended by 

adding one sentence to the end of the 

introductory text to read as follows: 

§ 740.11 Governments, international 

organizations, international inspections 

under the Chemical Weapons Convention, 

and the International Space Station (GOV). 

* * * Items controlled for missile 

technology (MT) reasons are eligible 

only for transactions described in 

paragraphs (b)(2) of this section. 

* * * * * 

■ 5. Section 740.13 is amended by 

adding a sentence at the end of 

paragraph (d)(2), to read as follows: 

§ 740.13 Technology and software— 

unrestricted (TSU). 

* * * * * 

(d) * * * 

(2) * * * The provisions of this 

paragraph (d) are also not available for 

any software that is controlled for 

missile technology (MT) reasons. 

* * * * * 

■ 6. Section 740.15 is amended by 

revising paragraph (b)(2), to read as 

follows: 

§ 740.15 Aircraft, vessels and spacecraft 

(AVS). 

* * * * * 

(b) * * * 

(2) Aircraft. (i) Equipment and spare 

parts, for permanent use on an aircraft, 

when necessary for the proper operation 

of such aircraft, may be exported or 

reexported for use on board an aircraft 

of any registry, except an aircraft 

registered in, owned or controlled by, or 

under charter or lease to a country 

included in Country Group D:1, Cuba, 

or a national of any of these countries. 

(ii) This paragraph (b)(2)(ii) authorizes 

exports, reexports, and transfers (incountry) to any country that is 

identified in Country Group A:2 and 

supplement no. 3 to part 746 of ECCNs 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85493 

7A101 through 7A103 when the 

commodities are for use in or for the 

‘‘production’’ of civil manned aircraft. 

* * * * * 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 7. The authority citation for part 774 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 

U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 

2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783. 

■ 8. Supplement no. 1 to part 774 is 

amended by revising ECCNs 1C111, 

2A101, 2B119, 6A107, 9A101, and 

9E515, to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C111 Propellants and constituent 

chemicals for propellants, other than 

those specified in 1C011, as follows (see 

List of Items Controlled). 

License Requirements 

Reason for Control: MT, NP, RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

MT applies to entire 

entry.

MT Column 1. 

NP applies to 

1C111.a.3.f only.

NP Column 1. 

RS applies to 

1C111.d.3 only.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: (1) See USML Category 

V(e)(7) for controls on HTPB (hydroxyl 

terminated polybutadiene) with a hydroxyl 

functionality equal to or greater than 2.2 

and less than or equal to 2.4, a hydroxyl 

value of less than 0.77 meq/g, and a 

viscosity at 30 °C of less than 47 poise 

(CAS #69102–90–5). (2) See USML 

Category V for controls on ferrocene 

derivatives, including butacene. (3) See 

ECCN 1C608 for controls on oxidizers that 

are composed of fluorine and also other 

halogens, oxygen, or nitrogen, except for 

chlorine trifluoride, which is controlled 

under this ECCN 1C111.a.3.f. (4) See ECCN 

1C011.b for controls on boron and boron 

alloys not controlled under this ECCN 

1C111.a.2.b. (5) See USML Category V for 

controls on Inhibited Red Fuming Nitric 

Acid (IRFNA) (CAS 8007–58–7). 

Related Definitions: Particle size is the mean 

particle diameter on a weight or volume 

basis. Best industrial practices must be 

used in sampling, and in determining 

particle size, and the controls may not be 

undermined by the addition of larger or 

smaller sized material to shift the mean 

diameter. 

Items: 

a. Propulsive substances: 

a.1. Spherical or spheroidal aluminum 

powder (C.A.S. 7429–90–5) in particle size of 

less than 200 × 10¥6 m (200 mm) and an 

aluminum content of 97% by weight or more, 

if at least 10% of the total weight is made up 

of particles of less than 63 mm, according to 

ISO 2591–1:1988 or national equivalents. 

Technical Note: A particle size of 63 mm 

(ISO R–565) corresponds to 250 mesh (Tyler) 

or 230 mesh (ASTM standard E–11). 

a.2. Metal powders and alloys where at 

least 90% of the total particles by particle 

volume or weight are made up of particles of 

less than 60 m (determined by measurement 

techniques such as using a sieve, laser 

diffraction or optical scanning), whether 

spherical, atomized, spheroidal, flaked or 

ground, as follows: 

a.2.a. Consisting of 97% by weight or more 

of any of the following: 

a.2.a.1. Zirconium (C.A.S. #7440–67–7); 

a.2.a.2. Beryllium (C.A.S. #7440–41–7); or 

a.2.a.3. Magnesium (C.A.S. #7439–95–4); 

a.2.b. Boron or boron alloys with a boron 

content of 85% or more by weight. 

Technical Note: The natural content of 

hafnium in the zirconium (typically 2% to 

7%) is counted with the zirconium. 

Note: In a multimodal particle distribution 

(e.g., mixtures of different grain sizes) in 

which one or more modes are controlled, the 

entire powder mixture is controlled. 

a.3. Oxidizer substances usable in liquid 

propellant rocket engines, as follows: 

a.3.a. Dinitrogen trioxide (CAS 10544–73– 

7); 

a.3.b. Nitrogen dioxide (CAS 10102–44–0)/ 

dinitrogen tetroxide (CAS 10544–72–6); 

a.3.c. Dinitrogen pentoxide (CAS 10102– 

03–1); 

a.3.d. Mixed oxides of nitrogen (MON); 

a.3.e. [Reserved]; 

a.3.f. Chlorine trifluoride (ClF3). 

Technical Note: Mixed oxides of nitrogen 

(MON) are solutions of nitric oxide (NO) in 

dinitrogen tetroxide/nitrogen dioxide (N2O4/ 

NO2) that can be used in missile systems. 

There are a range of compositions that can 

be denoted as MONi or MONij, where i and 

j are integers representing the percentage of 

nitric oxide in the mixture (e.g., MON3 

contains 3% nitric oxide, MON25 25% nitric 

oxide. An upper limit is MON40, 40% by 

weight). 

b. Polymeric substances: 

b.1. Carboxy-terminated polybutadiene 

(including carboxyl-terminated 

polybutadiene) (CTPB); 

b.2. Hydroxy-terminated polybutadiene 

(including hydroxyl-terminated 

polybutadiene) (HTPB) (CAS 69102–90–5), 

except for hydroxyl-terminated 

polybutadiene as specified in USML Category 

V (see 22 CFR 121.1) (also see Related 

Controls Note #1 for this ECCN); 

b.3. Polybutadiene acrylic acid (PBAA); 

b.4. Polybutadiene acrylic acid 

acrylonitrile (PBAN) (CAS 25265–19–4/CAS 

68891–50–9); 

b.5. Polytetrahydrofuran polyethylene 

glycol (TPEG). 

Technical Note: Polytetrahydrofuran 

polyethylene glycol (TPEG) is a block 

copolymer of poly 1,4-Butanediol (CAS 110– 

63–4) and polyethylene glycol (PEG) (CAS 

25322–68–3). 

c. Other propellant energetic materials, 

additives, or agents: 

c.1. [Reserved] 

c.2. Triethylene glycol dinitrate (TEGDN); 

c.3. 2 Nitrodiphenylamine (2–NDPA); 

c.4. Trimethylolethane trinitrate (TMETN); 

c.5. Diethylene glycol dinitrate (DEGDN). 

d. Hydrazine and derivatives as follows: 

d.1. Hydrazine (C.A.S. #302–01–2) in 

concentrations of 70% or more; 

d.2. Monomethyl hydrazine (MMH) (C.A.S. 

#60–34–4); 

d.3. Symmetrical dimethyl hydrazine 

(SDMH) (C.A.S. #540–73–8); 

d.4. Unsymmetrical dimethyl hydrazine 

(UDMH) (C.A.S. #57–14–7); 

d.5. Trimethylhydrazine (C.A.S. #1741–01– 

1); 

d.6. Tetramethylhydrazine (C.A.S. #6415– 

12–9); 

d.7. N,N diallylhydrazine (CAS 5164–11– 

4); 

d.8. Allylhydrazine (C.A.S. #7422–78–8); 

d.9. Ethylene dihydrazine (CAS 6068–98– 

0); 

d.10. Monomethylhydrazine dinitrate; 

d.11. Unsymmetrical dimethylhydrazine 

nitrate; 

d.12. 1,1-Dimethylhydrazinium azide (CAS 

227955–52–4)/1,2-Dimethylhydrazinium 

azide (CAS 299177–50–7); 

d.13. Hydrazinium azide (C.A.S. #14546– 

44–2); 

d.14. Hydrazinium dinitrate (CAS 13464– 

98–7); 

d.15. Diimido oxalic acid dihydrazine 

(C.A.S. #3457–37–2); 

d.16. 2-hydroxyethylhydrazine nitrate 

(HEHN); 

d.17. Hydrazinium diperchlorate (C.A.S. 

#13812–39–0); 

d.18. Methylhydrazine nitrate (MHN) (CAS 

29674–96–2); 

d.19. 1,1-Diethylhydrazine nitrate (DEHN)/ 

1,2-Diethylhydrazine nitrate (DEHN) (CAS 

363453–17–2); 

d.20. 3,6-dihydrazino tetrazine nitrate 

(DHTN), also referred to as 1,4-dihydrazine 

nitrate. 

e. Hydrazine replacement fuels as follows: 

e.1. 2-Dimethylaminoethylazide (DMAZ) 

(CAS 86147–04–8); 

e.2. [Reserved] 

* * * * * 

2A101 Radial Ball Bearings Having all 

Tolerances Specified in Accordance 

With ISO 492 Tolerance Class 2 (or 

ANSI/ABMA Std 20 Tolerance Class 

ABEC–9 or Other National Equivalents), 

or Better and Having all of the 

Following Characteristics (see List of 

Items Controlled). 

License Requirements 

Reason for Control: MT, AT 


khammond on DSKJM1Z7X2PROD with RULES
85494 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

MT applies to entire 

entry.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: See ECCN 2A001. 

Related Definitions: N/A 

Items: 

a. An inner ring bore diameter between 12 

and 50 mm; 

b. An outer ring outside diameter between 

25 and 100 mm; and 

c. A width between 10 and 20 mm. 

* * * * * 

2B119 Balancing machines and related 

equipment, as follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: MT, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

MT applies to entire 

entry.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: See also 7B101. 

Related Definitions: N/A 

Items: 

a. Balancing machines having all of the 

following characteristics: 

a.1. Not capable of balancing rotors/ 

assemblies having a mass greater than 3 kg; 

a.2. Capable of balancing rotors/assemblies 

at speeds greater than 12,500 rpm; 

a.3. Capable of correcting unbalance in two 

planes or more; and 

a.4. Capable of balancing to a residual 

specific unbalance of 0.2 g mm per kg of rotor 

mass. 

Note: 2B119.a. does not control balancing 

machines designed or modified for dental or 

other medical equipment. 

b. Indicator heads designed or modified for 

use with machines specified in 2B119.a. 

Note: Indicator heads are sometimes 

known as balancing instrumentation. 

* * * * * 

6A107 Gravity meters (gravimeters) or 

gravity gradiometers, other than those 

controlled by 6A007, designed or 

modified for airborne or marine use, as 

follows, (see List of Items Controlled) 

and ‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. 

License Requirements 

Reason for Control: MT, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

MT applies to entire 

entry.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: See USML Category XII(d) 

for certain gravity meters (gravimeters) or 

gravity gradiometers subject to the ITAR. 

See also ECCN 7A611. 

Related Definitions: ‘Time to steady-state 

registration’ (also referred to as the gravity 

meter’s response time) is the time over 

which the disturbing effects of platforminduced acceleration (high frequency 

noise) are reduced. 

Items: 

a. Gravity meters having all of the 

following characteristics: 

a.1. A static or operational accuracy equal 

to or less (better) than 0.7 milligal (mgal); and 

a.2. A ‘time to steady-state registration’ of 

two minutes or less. 

b. Gravity gradiometers 

* * * * * 

9A101 Turbojet and turbofan engines, 

other than those controlled by 9A001, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: MT, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

MT applies to entire 

entry.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: 9A101.b controls only 

engines for non-military unmanned aerial 

vehicles [UAVs] or remotely piloted 

vehicles [RPVs], and does not control other 

engines designed or modified for use in 

‘‘missiles’’, which are ‘‘subject to the 

ITAR’’ (see 22 CFR parts 120 through 130). 

Related Definitions: N/A 

Items: 

a. Engines having all of the following 

characteristics: 

a.1. ‘Maximum thrust value’ greater than 

400 N (achieved un-installed) excluding civil 

certified engines with a maximum thrust 

value greater than 8,890 N (achieved uninstalled); 

a.2. Specific fuel consumption of 0.15 kg 

N¥1 h¥1 or less; 

a.3. ‘Dry weight’ less than 750 kg; and 

a.4. ‘First-stage rotor diameter’ less than 1 

m; or 

Technical Notes: 

1. ‘Maximum thrust value’ in 9A101.a.1 is 

the manufacturer’s demonstrated maximum 

thrust for the engine type un-installed at sea 

level static conditions using the ICAO 

standard atmosphere. The civil type certified 

thrust value will be equal to or less than the 

manufacturer’s demonstrated maximum 

thrust for the engine type. 

2. Specific fuel consumption is determined 

at maximum continuous thrust for engine 

type un-installed at sea level static 

conditions using the ICAO standard 

atmosphere. 

3. ‘Dry weight’ is the weight of the engine 

without fluids (fuel, hydraulic fluid, oil, etc.) 

and does not include the nacelle (housing). 

4. ‘First-stage rotor diameter’ is the 

diameter of the first rotating stage of the 

engine, whether a fan or compressor, 

measured at the leading edge of the blade 

tips. 

b. Engines designed or modified for use in 

‘‘missiles’’ or UAVs with a range equal to or 

greater than 300 km, regardless of thrust, 

specific fuel consumption, ‘dry weight’ or 

‘first-stage rotor diameter’. 

* * * * * 

9E515 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, repair, overhaul, 

or refurbishing of ‘‘spacecraft’’ and 

related commodities, as follows (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, MT, RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

NS applies to entire 

entry except 

9E515.y.

NS Column 1. 

MT applies to technology for items in 

9A515.d, 

9A515.e.2, 

9A515.h, and 

9B515.a controlled 

for MT reasons.

MT Column 1. 

RS applies to entire 

entry except 

9E515.y.

RS Column 1. 

RS applies to 

9E515.y, except to 

Russia for use in, 

with, or for the 

International Space 

Station (ISS), including launch to 

the ISS.

China, Russia, or 

Venezuela (see 

§ 742.6(a)(7)). 

AT applies to entire 

entry.

AT Column 1. 

License Requirement Note: The Commerce 

Country Chart is not used for determining 

license requirements for ‘‘technology’’ 

classified ECCN 9E515.f. See § 742.6(a)(9), 

which specifies that such ‘‘technology’’ is 

subject to a worldwide license requirement. 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85495 

1https://www.ftc.gov/enforcement/rulemaking/ 

retrospective-review-ftc-rules-guides. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for ECCN 9E515.b, .d, .e, 

or .f unless determined by BIS to be 

eligible for License Exception STA in 

accordance with § 740.20(g) (License 

Exception STA eligibility requests for 

certain 9x515 and ‘‘600 series’’ items). (2) 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any ‘‘technology’’ in 9E515. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category XV are subject to the control of 

USML paragraph XV(f). See also ECCNs 

3E001, 3E003, 6E001, and 6E002 for 

specific ‘‘space-qualified’’ items. See 

ECCNs 9E001 and 9E002 for technology for 

the International Space Station, the James 

Webb Space Telescope (JWST) and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 

therefor. See USML category XV(f) for 

controls on technical data and defense 

services related to launch vehicle 

integration. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ installation, 

repair (including on-orbit anomaly resolution 

and analysis beyond established procedures), 

overhaul, or refurbishing of commodities 

controlled by ECCN 9A515 (except 

9A515.a.1, .a.2, .a.3, .a.4, .b, .d, .e, or .g), 

ECCN 9B515, or ‘‘software’’ controlled by 

ECCN 9D515.a. 

b. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ failure 

analysis or anomaly resolution of software 

controlled by ECCN 9D515.b. 

c. [Reserved] 

d. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.d. 

e. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ failure 

analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.e. 

f. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ installation, 

repair (including on-orbit anomaly resolution 

and analysis beyond established procedures), 

overhaul, or refurbishing of commodities 

controlled by ECCN 9A515.a.1, .a.2, .a.3, .a.4, 

or .g. 

g. through x. [Reserved] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities or software 

enumerated in ECCN 9A515.y or 9D515.y. 

Note 1: [Reserved] 

Note 2: Activities and technology/technical 

data directly related to or required for the 

spaceflight (e.g., sub-orbital, orbital, lunar, 

interplanetary, or otherwise beyond Earth 

orbit) passenger or participant experience, 

regardless of whether the passenger or 

participant experience is for space tourism, 

scientific or commercial research, 

commercial manufacturing/production 

activities, educational, media, or commercial 

transportation purposes, are not subject to 

the ITAR or the EAR. Such activities and 

technology/technical data include those 

directly related to or required for: 

(i) ‘‘Spacecraft’’ access, ingress, and egress, 

including the operation of all ‘‘spacecraft’’ 

doors, hatches, and airlocks; 

(ii) Physiological training (e.g., humanrated centrifuge training or parabolic flights, 

pressure suit or spacesuit training/ 

operation); 

(iii) Medical evaluation or assessment of 

the spaceflight passenger or participant; 

(iv) Training for and operation by the 

passenger or participant of health and safety 

related hardware (e.g., seating, 

environmental control and life support, 

hygiene facilities, food preparation, exercise 

equipment, fire suppression, 

communications equipment, safety-related 

clothing or headgear) or emergency 

procedures; 

(v) Viewing of the interior and exterior of 

the spacecraft or terrestrial mock-ups; 

(vi) Observing ‘‘spacecraft’’ operations 

(e.g., pre-flight checks, landing, in-flight 

status); 

(vii) Training in ‘‘spacecraft’’ or terrestrial 

mock-ups for connecting to or operating 

passenger or participant equipment used for 

purposes other than operating the 

‘‘spacecraft’’; or 

(viii) Donning, wearing or utilizing the 

passenger’s or participant’s flight suit, 

pressure suit or spacesuit, and personal 

equipment. 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–26682 Filed 12–7–23; 8:45 am] 

BILLING CODE 3510–33–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 423 

RIN 3084–AB28 

Care Labeling Rule 

AGENCY: Federal Trade Commission. 

ACTION: Final determination; 

termination of rulemaking. 

SUMMARY: As part of its ongoing, 

systematic review of all Federal Trade 

Commission rules and guides, the 

Commission terminates the Care 

Labeling Rule review. 

DATES: The Care Labeling Rule review 

and rulemaking (consisting of an 

ANPRM: July 13, 2011, published at 76 

FR 41148 (July 13, 2011), NPRM 

published at 77 FR 58338 (Sept. 20, 

2012), and SNPRM published at 85 FR 

44485 (July 23, 2020)) is terminated as 

of December 8, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, please 

contact Jock Chung (202–326–2984), 

Federal Trade Commission, Bureau of 

Consumer Protection, Division of 

Enforcement, 600 Pennsylvania Ave. 

NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: To ensure 

its rules and industry guides remain 

relevant and are not unduly 

burdensome, the Commission reviews 

each on a ten-year schedule. Every year 

the Commission publishes its review 

schedule, with adjustments made in 

response to public input, changes in the 

marketplace, and resource demands. 

When the Commission reviews a rule 

or guide, it publishes a document in the 

Federal Register seeking public 

comment on the continuing need for the 

rule or guide, as well as the rule’s or 

guide’s costs and benefits to consumers 

and businesses. Based on this feedback, 

the Commission may modify or repeal 

the rule or guide to address public 

concerns, changed conditions, or to 

reduce undue regulatory burden. 

The Commission posts information 

about its review schedule on its 

website 1 to facilitate comment. This 

website contains an updated review 

schedule, a list of rules and guides 

previously eliminated in the regulatory 

review process, and the Commission’s 

regulatory review plan. 


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